city council meeting - groupbuilder · 3/11/2008 · regular council meeting o city hall/library...

March 11, 2008

City Council Regular Meeting 7:00 p.m.

FUTURE CITY COUNCIL AGENDA ITEMS

March, 2008 03/25/2008 Special Council Workshop

o Anti-tethering Regulations o Revisions to Worker Compensation Policy

Regular Council Meeting

o City Hall/Library Project o First Reading of Ordinance Amending Itinerant Vendor’s Permit o Resolution Amending Election Resolution o Application for Assistance to Firefighter’s Grant o Bayou Lakes PID Service Agreement o Approval of Policy for Use of City Facilities o Resolution for Galveston County Interlocal – Use of Voting

Equipment o Executive Session - Performance Review of City Secretary

April, 2008 04/15/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects Regular Council Meeting

o Allocation of FY 06-07 Unexpended Fund Balance o FY 07-08 Mid-Year Budget Amendment o Contract for Preparation of Comprehensive Plan o City Hall/Library Project o Illicit Discharge Regulations o Second Reading of Ordinance Adopting Drainage Criteria o Second Reading of Ordinance Amending itinerant Vendor’s Permit o First Reading of Ordinance Adopting Drainage Critera o Resolution Approving Contract with Shelmark Engineering o Approve Revisions to Worker Compensation Policy

04/29/2008 Special Council Workshop

o Financial Presentation for the Quarter o Briefing and Discussion Concerning TMRS Issues

Regular Council Meeting o City Hall/Library Project o First Reading of Ordinance to Revise Coin-Operated Amusement

Machine Ordinance

Future Agenda Items Page 1 of 3

May, 2008 05/13/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects

Regular Council Meeting o Canvass Votes for Council Election o Swear-in Newly-elected Members of City Council o Renew Annual Contract for Municipal Judge o City Hall/Library Project o Approve Amendment to Fire Protection Services Agreement with

Dickinson Volunteer Fire Department o Second Reading of Ordinance to Revise Coin-Operated

Amusement Machine Ordinance 05/27/2008 Special Council Workshop Regular Council Meeting

o City Hall/Library Project June, 2008 06/09/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects Regular Council Meeting

o City Hall/Library Project o Discussion Concerning Discontinuance of Emergency Management

Grant 06/23/2008 Special Council Workshop Regular Council Meeting

o City Hall/Library Project


July, 2008 07/08/2008

Special Council Workshop o City Administrator’s Briefing – Update on City Projects

Regular Council Meeting

o City/Hall Library Project 07/22/2008 Special Council Workshop Regular Council Meeting

o City Hall/Library Project


STAFF REPORTS

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2716 FM 517 East, Dickinson, Texas 77539Phone: (281) 337-6235 Fax: (281) 337-6190

www.dickinson.tx.us email: [email protected]

Dated: March 04, 2008 TO: Honorable Mayor and City Council Members FM: Usha Mathew, CFO Subject: Finance Department Updates and Ongoing Projects Finance Department is pleased to advise that City of Dickinson has received the “Distinguished Budget Presentation Award” for the Fiscal Year 2008 budget from the Government Finance Officers Association (GFOA) for the second consecutive year. This award is the highest form of recognition in governmental budgeting and represents a significant achievement by our organization. Finance Department received a certificate of recognition for budget preparation. We should be receiving an award plaque within eight to ten weeks. Congratulations to all - Mayor, Council, City Administrator, Department Heads and Staff! Accounts Payable & HR Information: As of March 04, 2008 we have 76 full time employees and 50 part time employees, with a total of 126 employees. HR/Payroll/Accounts Payable area has been extremely busy with additional work load due to shortage of personnel. Interviews for Finance open positions were conducted. Open positions at the moment are Community Development Director and EMS/Paramedic. Newly hired employees include:

Tyler Miller (PTE FF/Paramedic) Jessie Plasek (FTE Communication Operator) Leslie Long (FTE Patrol Officer) Cindy Ginn (FTE Law Enforcement Records Clerk) Vernon Thompson (FTE Administrative Service Coordinator HR/Payroll) Ying Dai (Finance Intern – will join us on March 17, 2008)

Other Financial & Reporting: Additional jobs performed by Finance Department during the month of February include FY 2007 Economic Development Corporation – 4B State reporting; EMPG Grant Reporting; PID#1 reporting; request new credit cards for city to be in compliance with the Visa/Master card policy; reconcile petty cash and all investment accounts; create new time sheet forms for patrol officers and jailers; and making debt payments. Major pending projects include disclosure requirements of SEC Rule 15c2-12 to be completed on or before March 31, 2008; training new employees; electronic transmission of payments; access to Library bank accounts and transfer of the same to the City, and much more…

MEMORANDUM Shared:FY08/Finance Staff Update/Mar 2008.doc

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MEMORANDUM Shared:FY08/Finance Staff Update/Mar 2008.doc

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Equity Return from TMLIRP. The Texas Municipal League Intergovernmental Risk Pool's Board of Directors has approved an EQUITY RETURN for members meeting certain criteria for the fund year that ended 9/30/07. City of Dickinson will receive in April, 2008 approximately $24,183; more exact details of how this amount was calculated will be forthcoming in the immediate future from TML. Status of the Municipal Bond Market Bond Insurers - A copy of the market report provided by our Financial Advisors was placed in Mayor and Council’s mailbox. Notice of material event for continuing disclosure requirement of SEC rule 15c2-12 was filed wherein on January 31, 2008 Standard and Poor’s rating services (“S&P”) downgraded the bond Insurer Financial Strength rating of FGIC from AAA to AA and subsequently on Feb 25, 2008 from AA to A for issues made in 2000 (Combination Tax and Revenue Certificates of Obligation, Series 2000). This downgrade does not impact City of Dickinson’s underlying bond rating.

Library

Memo To: Mayor and Council

From: Vicki McCallister

CC: Julie Johnston

Date: March 6, 2008

Re: Staff Report

In February 2008, 3677 citizens visited the Library, with 1523 using the library computers and 4935 items checked out.

The Library partnered with the Tourism and Museum Department to present the second of a series entitled “Saturday Matinee at the Movies” at the Depot.

The Public Library sign was completed on the edge of FM 517. Library staff is noting a return of previous patrons who had not used the library’s temporary space. Also, the library received 32 applications for new library cards in a 4 day period after the sign was completed.

The Director obtained “Realtor” style signs indicating that the library has moved to 1837 FM 517 East and permission from Texas First Bank to put them in the grass strip on the curve at the former building location. Those will go up after the demolition equipment is removed.

The library director attended the annual conference reviewing the latest developments and predictions for the future of the Texas Inter Library Loan System. She also attended a Houston Area Library System sponsored class on Marketing Your Library Collection.

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GALVESTON CO. LIBRARY MONTHLY STATISTICS REPORT

Library ___Mares Memorial Library__________ Month __Feb___________ Year __2008_______

SERVICESBooks Loaned 2683

Audio Books Loaned 62

Music CDs/Cassettes Loaned 89

Videos/DVDs Loaned 2097

Other Materials Loaned 4

Total Circulation Transactions 4935

Juvenile Transactions (a part of total circulation transactions) 2467

Materials Used in House 804

New Patrons Registered 150

Reference Transactions/Information Questions 791426

Adult Programs offered by the Library - # Programs & # Attendees 126

Children's Programs offered by the Library - # Programs & # Attendees 11165

Number of Visits (Door Count) 3677

Volunteer Hours 50

INTERNET AND ELECTRONIC SERVICESInternet Users 1523

Internet Hours 1028

RESOURCE SHARING

ILL borrowed from other libraries outside of Galveston Co. 52

ISL borrowed from other public libraries in Galveston Co. 0

Total ILL & ISL borrowed from other libraries 52

Total ILL & ISL requests loaned to libraries for our users: 0

Irma RiveraCourt Administrator

2716 FM 517 East; Dickinson, Texas 77539(281) 337-6264 (281) 337-6190 fax

[email protected]

To: Honorable Mayor and City Council

From: Irma Rivera, Court Administrator

CC: Julie Johnston

Date: March 6, 2008

Re: Monthly Staff Report

429 new cases were filed for the month of January 2008. 497 new cases were filed for the month of February 2008. 289 warrants were served for the month of January 2008. 330 warrants were served for the month of February 2008. Court calendar for March is as follows: March 3rd, 5th, and 12th for arraignment hearing. Bench trial date for juvenile cases is scheduled for March 24th for adult trial cases March 26th. Clerks Silvia Medina and Connie Mraz attended 12-Hour Regional Judges and Clerks Conference on February 24th thru 26th in Galveston at the San Luis Resort. The seminar was hosted by Texas Municipal Education Center. Judge Richard Cope attended the same seminar for judges on the same days. On February 14, 2008 a meeting was held with Captain Mason, Officer Donaldson, and Officer Stewart, Tommy Lopez (Advance Public Safety) and me to discuss the possible purchase of handheld ticket writing devices. A presentation regarding such handheld ticket writing devices will be presented to the Mayor and Council at a future meeting. Municipal Court Department will be upgrading receipt machines to thermal printers and the cost of the upgrade will come from the Municipal Court Technology Fund. On February 19, 2008 the Court Administrator attended audio conference entitled "Do More With Less - Better: Lean Thinking for Local Government" sponsored by ICMA. Preparations continue for the upcoming DOG (Dickinson On the Go) event being held on Saturday April 5th, 2008 at the Historic Railroad Center.

On behalf of the entire court staff we wish you and your family a wonderful and safe Easter Holiday.

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http://www.ci.dickinson.tx.us/

mailto:[email protected]

Dickinson Police Department

Memo To: Mayor & City Council Members

From: Chief Ron Morales

CC: N/A

Date: March 6, 2008

Re: Monthly Report for February 2008

Administrative Services • Officer Greg Trantham received his Master Peace Officer certification. • Re-hired Erik Larsen as a part-time Police Officer. Officer Larsen will be assigned

the task of working outstanding municipal warrants with a reserve officer. • Working with staff members to gather data to assist with formulating a plan to add

office space to the existing police facility.

Patrol Division • Traffic enforcement in school zones has been increased in the morning and

evening hours to slow down traffic due to citizen complaints. Criminal Investigation Division

• Narcotics / CID / Patrol / K9 / Motors ran a Mardi Gras detail. 48 people were

arrested on charges that included; Possession of Cocaine w/ Intent to Deliver, Possession of Cocaine – Ecstasy – Xanax – Marijuana, Public Intoxication, Disorderly Conduct, Minor in Possession of Alcohol, $1,122 in Municipal Warrants were served.

• Narcotics assisted DEA with controlled delivery of Cocaine at the McDonalds at

3706 IH 45 in Dickinson. Suspects were arrested and police recovered 12.7 pounds of Cocaine and a .45 caliber pistol from the truck. All were charged with Possession of Cocaine with Intent to Deliver. Street value would be over $500,000.

Crime Prevention

• On 02/11, the Dickinson Police Department attended the Moore’s Addition and

Nicholstone Subdivision Neighborhood Meeting and discussed several topics pertaining to the subdivisions.

• On 02/13, the Dickinson Police Department gave a community helpers presentation to the children of "Kid City". Approximately twenty five students were in attendance.

• On 02/14, the Citizen Police Academy Class-15 started. There are twenty students in enrolled in the academy.

• On 02/19, the Crime Prevention Unit met with League City PD to discuss Dickinson’s model of the C.O.P.S Program.

• On 02/27, the Dickinson Police Department assisted Chaplain Nelda Harles with the Annual Senior Day at the PD.

VOCA Grant Activities

• Assisted 60 victims in February • Contacted 32 victims by mail; 28 by phone; includes 4 home visits & 7 office visits • Trained 2 new CVL volunteers; the volunteers put in 15 hours per month • Spoke at the Dickinson Rotary Club on CVL activities • Networking with:

• Women's Crisis Center in Galveston • Maribel Cooper Crime Victim Liaison (CVL) of Alvin PD • Mary Mazoch CVL of Brazoria County Information Technology

• Designed, ordered and set-up the new audio visual equipment in the Central Fire Station. This equipment will be utilized to support training of public safety personnel.

• The City of Dickinson WEB page had 24,491 page views during the month of February. The top ten most visited pages were:

1 – Main Page 2 – Police 3 – City Employment 4 – Unsolved Crime 5 – Most Wanted 6 – Sex Offenders 7 – Rumors 8 – On-line Municipal Court Ticket Pay 9 – Police Employment 10 – Fire Employment

MEMORANDUM Page 1 Dickinson Public Safety monthly report-march 2007.doc

TO: Honorable Mayor and City Council Members City Attorney FROM: Norman Hicks Dickinson Public Safety DATE: March 3, 2008 SUBJECT: Monthly Report – February 2008 ___________________________________________________________________________ Response:

Dickinson Public Safety EMS had 95 encounters and 65 patient transports. The average response time for the February 2008 was 6 minutes. Revenue:

EMS collection made by our contracted billing company, Intermedix, totaled $30,841.13 for the month of February 2008. Medic One:

Dickinson Public Safety is working with the other members of the Medic One System on tracking and coordinating the non-emergency transfers throughout the county in order to better serve our citizens. Dickinson Public Safety Personnel:

The Grand Opening of the Central Fire Station was held on February 20, 2008. The event was a great success in spite of the bad weather.

Dickinson Public Safety and the Dickinson Volunteer Fire Dept. will be working together

on a joint application for the Assistance to Firefighters Grant for additional equipment and gear.

2716 FM 517 East Dickinson, TX 77539(281) 337-6261 (281) 337-6190 fax

www.ci.dickinson.tx.us Email: nhicks@ ci.dickinason.tx.us

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TO: Mayor and City Council FROM: Kellis George, Director of Public Works DATE: March 5, 2008 SUBJECT: Monthly Project Report –February 2008 Tier 2 – The Tier 2 Report for 2007 has been completed and submitted to the Texas Department of State Health Services Division for Regulatory Services for review. Copies of the report have been mailed to the Volunteer Fire Chief and local Emergency Management Coordinator.

Oleander Bridge – I am in the process of communicating with the new owners of the Christian Renewal Center, in an attempt to reach an agreement for the continued use of the detour route off of Hughes Road for the residents residing on Oleander Drive.

Tropical Gardens- Currently, the department is in the process of researching the prospect of expanding the Island Drive Bridge in the Tropical Gardens subdivision. As of date, the department has received a one bid from Drewker Construction.

Light Equipment Operator Job Opening –The department interviewed three potential candidates for the light equipment operator position. On February 25, 2008, the position was closed and a candidate was selected. The department is pleased to announce the selection of Mr. Douglas Lowther. Mr. Lowther has previous Public Works Experience working for Navajo County in Arizona and is delighted to work for the City of Dickinson’s Department of Public Works.

Street Sign Replacement Program – The department has re-implemented the stop replacement program due to the large numbers of citizen complaints regarding stop sign defacing and vandalism. The primary purpose of the program is to improve existing signs within two subdivisions on an annual basis. Currently, staff has begun working in the Nicholstone subdivision.

In addition to the stop sign replacement program, the department will also begin repainting stop sign poles to increase their visibility within each neighborhood and enhance the aesthetics of each residential community within the City.

Fleet Maintenance Program – The department is currently working on developing a Fleet Maintenance Program for department’s vehicles and equipment. The purpose of the program will allow the department to regularly track and schedule maintenance for each of vehicles within the department’s fleet system.

Oil Recycling Program – Staff is currently in the process of negotiating an oil recycling program with Enviro Solutions. The company will collect all used petroleum products, antifreeze, and oil filter on as needed basis.

The following construction and drainage projects were completed during the month of February 2008:

30th Street – The base work has been completed for this project and the department is in the process of obtaining the asphalt paver from the City of League City in order to complete this project. This project is expected to be complete during the second week of March. Tanglebriar Lane –Project is still been delayed until further notice from Texas New Mexico Power Company. 49nd Street – The base work has been completed for this project and the department is in the process obtaining the asphalt paver from the City of League City in order to complete this project. This project is expected to be complete during the second week of March. Cove Lane – Cove Lane was delayed due to excessive rain within the last two weeks of February which has further delayed the paving process. As of date, the Streets Division is waiting for the base to cure and will move forward with the paving process once the area is dry.

Ohio Drive – The base material has been removed and the lime stabilization process has been completed. Drewker Construction will begin to pour concrete on the southbound lane of Ohio on March 10, 2008.

Plantation Drive – The base has been compacted and recycled for Chip and Seal. This project has been completed as of March 4, 2008.

Department Tourism & Museum City of Dickinson 218 FM517 West Dickinson TX 77539 (281) 534-4367

TO: Honorable Mayor

City Council Members City Administrator

FROM: Dee Cover

Director, Tourism & Museum DATE: February 29, 2008 SUBJECT: Subject: Monthly Staff Report – February 2008 GENERAL

• Worked with M.I. Lewis and North Galveston Chamber of Commerce in developing an EITC – Earned Income Tax Credit – marketing campaign to inform the eligible public of what it is, & where to go for assistance. The campaign began with a piece appearing in the Winter edition of the City’s quarterly newsletter and continued with the creation of an information al flyer used in the campaign.

• Participation in meetings and discussions of the Galveston Gulf Coast Connect Transit Advisory Committee. Looking at opportunities to create intra and inter city transit for the City of Dickinson by participation with regional initiatives. Attended H-GAC & Metro Transit Authority workshop to explore the opportunity for JARC (Job Access and Reverse Commute) funding.

• Participated along with Historical Society Volunteers in an area museum tour. Visited Texas City Museum (city funded), One Room School House (privately owned, but city supported), and Friendswood Brown Home (supported by Friendswood Heritage Society). Development of museum enhancement action plan.

• Working with DEDC and Community Development in the creation of EDC website. • Attended a Humanities Texas Funding workshop related to potential grant opportunities.

TOURISM (LINGER LONGER IN DICKINSON) Several events are being planned for the coming months:

• Saturday Morning Movie @ The Depot – last Saturday of each month 10:30 am January – May, September – November (summer months tentative) Children’s movie with popcorn and lemonade

o February Movie 2/23 Attendance 58 o Next movie date 3/29 Movie – Underdog

• Seniors/Adult Program– “Marvelous Mondays”

o 3/10, 3/24, 4/14, 4/28 Planet Earth 12:30 pm-1:30 pm

Coordinating with the Dickinson Senior Center, but will be open to the community. First series is Planet Earth, a series of 50 minute BBC documentaries. Partnership with the Dickinson Public Library.

• Dickinson Farmers Market – in development. Organizational meeting scheduled for March 4. Collaboration with Keep Dickinson Beautiful, the Galveston Co. Extension Office (now Texas AgriLife Extension Service), and members of the Garden Club. Farmers Market projected to be held the third Saturday of each month @ The Depot from May through October/November.

• Bay Area Rally Tour Stop – Inaugural year for a motorcycle rally based at the Johnson

Space Center. Tour Stop will be part of a map of venues in the bay area. April 10-13. • Italian Heritage Week - initial planning stages. Tentative Dates have moved to 9/12 –

9/15. Events tbd.

MORE TO COME HISTORIC RAILROAD CENTER

Facilities / Grounds • Breezeway flooring issues have resurfaced. Will have to be addressed within a 120 day

period. Working with Galveston Historical Commission for guidelines in historic preservation vs. operability.

• Landscaping / Lawn Maintenance. Have met with three landscape / lawn care companies. Current native grasses are root cause (no pun intended) of the high maintenance needs of the site. Alternative proposals have been requested to replace the native grasses with St. Augustine for the interior lawn areas to reduce the need for intensive ongoing maintenance. No maintenance plan had been created for the flowering plants; thus I am reviewing the situation to find the best realistic operating and cost method.

o Interim plan for better ongoing maintenance in the works.

New Visitors (signed register) In State 17 Out of State 0 Community Room Community Service no-fee use: 4 North Galveston Chamber of Commerce Garden Club Dickinson Historical Society Fee Based Use 0

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REGULAR COUNCIL MEETING

Julie Masters, Mayor

Mark Townsend Kerry Neves Mary Dunbaugh, Mayor Pro Tem

AGENDACity of Dickinson CITY COUNCIL

MEETING

Charles Suderman Louis Decker

William H. King III Julie M. Johnston, City

Administrator

MARCH 11, 2008

NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, MARCH 11, 2008, at 7:00 p.m. at: 1621 FM 517 East, Dickinson, Texas 77539 for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: ITEM 3.) PUBLIC COMMENTS: At this time, any person with city-related business

may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker.

ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be

enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda.

A. Approval of Minutes of Council Workshop of February 26, 2008 B. Approval of Minutes of Regular Council Meeting of February 26, 2008.

OLD BUSINESS

ITEM 5.) BRIEFING/CONSIDERATION AND POSSIBLE ACTION CONCERNING: City Hall/Library Project.

NEW BUSINESS

ITEM 6.) PUBLIC HEARING: Regarding Request to Grant A Specific Use Permit (SUP) So As To Allow The Additional Use Of The Sale Of Mixed Beverages On ±1.569 Acres Out Of The Perry & Austin Survey Upper League, Abstract No. 19, More Commonly Known As 660 Fm 517 West (Los Ramirez

____________________________________________________________________________________ March 11, 2008 Regular Council Meeting Page 1 of 3

Mexican Restaurant), And Generally Located On The South Side Of Fm 517 West, Between Evergreen Drive And Hansen Drive, In The City Of Dickinson, Galveston County, Texas.

A. Applicant’s Statement B. Those In Favor C. Those Opposed D. Applicant’s Rebuttal E. Adjournment

ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance

Number XXX-2008 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT (SUP) SO AS TO ALLOW THE ADDITIONAL USE OF THE SALE OF MIXED BEVERAGES ON ±1.569 ACRES OUT OF THE PERRY & AUSTIN SURVEY UPPER LEAGUE, ABSTRACT NO. 19, MORE COMMONLY KNOWN AS 660 FM 517 WEST (LOS RAMIREZ MEXICAN RESTAURANT), AND GENERALLY LOCATED ON THE SOUTH SIDE OF FM 517 WEST, BETWEEN EVERGREEN DRIVE AND HANSEN DRIVE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings).

ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution

Number XXX-2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DICKINSON AND GALVESTON COUNTY EMERGENCY COMMUNICATION DISTRICT AUTHORIZING THE INSTALLATION OF EQUIPMENT RELATED TO A WIRELESS NETWORK TO SERVE AS A BACKUP FOR THE EXISTING 9-1-1 NETWORK; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

ITEM 9.) BRIEFING/DISCUSSION CONCERNING: Amendments to Itinerant

Vendor’s Ordinance. ITEM 10.) ADJOURN


CERTIFICATION This is to certify that a copy of the Notice of the Regular City Council meeting for TUESDAY, MARCH 11, 2008, was posted on the bulletin board at City Hall, 1621 FM 517 East, Dickinson, Texas, on this 6th day of March, 2008, prior to 6:00 p.m. __________________________________ Carol L. McLemore, City Secretary In compliance with the Americans with Disabilities Act, the City of Dickinson will provide reasonable accommodations for disabled persons attending City Council Meetings. Requests should be received at least 24 hours prior to the scheduled meeting, by contacting the City Secretary’s office at 281-337-6217, or by FAX at 281-337-6190.


City Council Meeting

CALL TO ORDER

Invocation

Given by:______________________

Pledge of Allegiance

Given by:________________________

Roll Call

CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING

ATTENDANCE LIST MEETING DATE: March 11, 2008 Regular Meeting MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS _______ _______

POS. 1: COUNCILMAN CHARLES SUDERMAN _______ _______

POS. 2: COUNCILWOMAN MARY DUNBAUGH _______ _______

POS. 3: COUNCILMAN MARK TOWNSEND _______ _______

POS. 4: COUNCILMAN KERRY NEVES _______ _______

POS. 5: COUNCILMAN LOUIS DECKER _______ _______

POS. 6: COUNCILMAN WILLIAM KING _______ _______

MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE:

ATTORNEY, Loren B. Smith _______ _______

CITY ADMINISTRATOR, Julie M. Johnston _______ _______

CITY SECRETARY, Carol L. McLemore _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

PROCLAMATIONS AND ANNOUNCEMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PUBLIC COMMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________



MINUTES City of Dickinson

CITY COUNCIL SPECIAL WORKSHOP MEETING



Administrator

FEBRUARY 26, 2008

The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on Tuesday, February 26, 2008. The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM

Mayor Pro Tem Mary Dunbaugh called the meeting to order at 6:08 p.m. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Pro Tem Mary Dunbaugh and Council Members Mark Townsend, Kerry Neves, William King and Louis Decker. Absent were Mayor Julie Masters and Councilman Charles Suderman. Also present were City Administrator Julie Johnston, City Attorney Loren Smith, Chief Ron Morales, Director of Public Works Kellis George, Fire Marshal Norman Hicks, Director of Finance Usha Mathew, Code Compliance Officer Cynthia Smith, Library Director Vicki McCallister, Director of Tourism and Museum Dee Cover, Building Inspector Mike Ingalsbe, and Accounting Assistant Kathryn Taylor.

ITEM 2.) BRIEFING AND DISCUSSION REGARDING: City Administrator’s Briefing – Update on City Projects.

City Administrator Julie Johnston gave a power point program updating City

Council on the following issues:

• City Capital Projects • DISD Projects • TxDOT Projects • Ordinances under review • Street Light Program for Moore’s Addition and Nicholstone

Subdivision • Extraterritorial Jurisdiction Swap with League City • New information on City Website • SECO Report • Appointment to TML Policy Committee on Utilities and Transportation • Code Compliance Issues • Request from Resident Regulations for Setting out Trash • Other Matters

February 26, 2008 Council Special Workshop Meeting Minutes Page 1 of 2

After some discussion, Council took no formal action but indicated that they were not in favor of passing an ordinance to regulate setting out of trash. Instead Council asked that some publicity be given asking citizens to voluntarily not set trash out in advance.

ITEM 3.) BRIEFING AND DISCUSSION REGARDING: Amendments to Itinerant

Vendor’s Regulations.

Code Compliance Officer Cynthia Smith presented to City Council several proposed changes to the Itinerant Vendor’s Ordinance. Following some discussion, Council took no formal action in this matter.

ITEM 4.) ADJOURN Councilman Townsend made a motion to adjourn the meeting at 7:00 p.m.

Councilman King made the second. VOTE: 5 AYES (Townsend, Dunbaugh, Neves, Decker and King) 0 NAYS MOTION PASSED.

Passed, approved and adopted this 11th day of March, 2008. __________________________________ Julie Masters, Mayor ATTEST: __________________________________ Carol L. McLemore, City Secretary

February 26, 2008 Council Special Workshop Meeting Minutes Page 2 of 2



MINUTESCity of Dickinson CITY COUNCIL

MEETING



Administrator

FEBRUARY 26, 2008 The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, FEBRUARY 26, 2008. The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance

Mayor Pro Tem Mary Dunbaugh called the meeting to order at 7:07 p.m. Councilman King gave the Invocation and Dickinson High School Government Student Cobert Archie led the Pledge of Allegiance. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Pro Tem Mary Dunbaugh and Council Members Mark Townsend, Kerry Neves, Louis Decker and William King. Absent were Mayor Julie Masters and Councilman Charles Suderman. Also present were City Attorney Loren Smith, City Administrator Julie Johnston, Finance Director Usha Mathew, Fire Marshal Norman Hicks, Community Development Coordinator Angela Forbes, Building Inspector Mike Ingalsbe, and Accounting Assistant Kathryn Taylor.

ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: Council commented on the following topics:

• Welcome and thanks for coming to everyone present, including students from DISD High School Government Class.

• Health and Nutrition Fair to be held at Sam Vitanza Stadium on March 8.

• Parade and Easter Egg Hunt. • Lady Gators’ Basketball Team playing in State Finals this weekend. • DISD Academic Decathlon Team participating in State Finals this

weekend. • DISD Art Students who had advanced to the Rodeo Final

Competition in Art. • Thanks to City Administrator for letter to TxDOT regarding weight

limits on Oleander Bridge. • DISD High School Band Fundraiser and Bake Sale to be held at

Barber Middle School on March 1.

February 26, 2008 Regular Council Minutes Page 1 of 6

• Election of Councilman Kerry Neves as Vice Chair to Houston Galveston Area Council and appointment to Finance and Budget Committee.

• Project Graduation Golf Tournament needs Golfers and Sponsors. • Open House and Ribbon Cutting held last week at new Central Fire

Station. • Seminars held on Identity Theft and Transition from Analog to Digital.

ITEM 3.) PUBLIC COMMENTS:

Herman Gana, 2927 46th Street, expressed concern about the problems at St. Goar and 45th Street. Brenda Boyce, 4719 38th Street, informed City Council that she had attended the Open House for the new Central Fire Station and that she enjoyed the ribbon cutting and tour very much. She asked that citizens be included on the discussions for future expansion.

ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: Councilman Townsend asked that items B and C be removed from the

consent agenda and discussed separately.

A. Approval of Minutes of Regular Council Meeting of February 12, 2008.

Councilman King made a motion to approve the minutes of the Regular Council Meeting of February 12, 2008. Councilman Decker seconded the motion. VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED.

B. Resolution Number 967-2008 – A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING A 3% INCREASE IN THE SOLID WASTE COLLECTION FEES FOR WASTE MANAGEMENT EFFECTIVE MARCH 1, 2008; AMENDING THE EXCLUSIVE COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL SOLID WASTE, GREEN WASTE, AND RECYCLING CONTRACT AWARDED TO WASTE MANAGEMENT BY THE APPROVAL OF NEW EXHIBITS “A” AND “B”; REAFFIRMING THE CITY’S TRANSACTION FEE; AND PROVIDING AN EFFECTIVE DATE. Councilman Townsend made a motion to approve Resolution Number 967-2008. Councilman Neves seconded the motion. Councilman Townsend stated that he had removed this item from the consent

February 26, 2008 Regular Council Meeting Minutes Page 2 of 6

agenda so that citizens could be aware that the increase in sanitation services amounted to 3%. VOTE: 4 AYES (Dunbaugh, Townsend, Neves and King) 1 NAY (Decker) MOTION PASSED.

C. Resolution Number 968-2008 – A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NUMBER 764-2004 AND THE MASTER FEE SCHEDULE OF THE CITY WITH REGARD TO SOLID WASTE COLLECTION FEES; AND PROVIDING AN EFFECTIVE DATE. Councilman Townsend made a motion to approve Resolution Number 968-2008. Councilman Neves seconded the motion. VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED.

OLD BUSINESS

ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance

Number 629-2008 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 569-2006, CODIFIED AS CHAPTER 6.5, EMERGENCY MEDICAL SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW CHAPTER 6.5 OF THE CODE OF ORDINANCES TO BE ENTITLED “AMBULANCE SERVICE” AND ESTABLISHING REGULATIONS FOR THE OPERATION OF AMBULANCE SERVICE WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; AND PROVIDING AN EFFECTIVE DATE (Second of three readings).

Mayor Pro Tem Dunbaugh read the ordinance by caption only. Councilman

King made a motion to adopt Ordinance Number 629-2008 on second


reading and to suspend the third reading. Councilman Neves seconded the motion.

VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution

Number 970-2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, ADOPTING A POLICY REGARDING PUBLIC ACCESS TO CITY INFORMATION OUTLETS; AND PROVIDING AN EFFECTIVE DATE.

Mayor Pro Tem Dunbaugh read the Resolution by caption only. The City

Administrator noted the changes that the City Attorney had made since the discussion of the policy at the last meeting. Councilman King made a motion to approve Resolution Number 970-2008. Councilman Decker seconded the motion.

VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Policy for

the Use of Municipal Meeting Rooms. City Council discussed the proposed policy and the logistics of securing the

Central Fire Station and the City Hall facility. After some discussion, it was the consensus of Council to remove the Fire Station and City Hall Facilities from the policy and to re-visit the policy when the permanent City Hall is completed.

ITEM 8.) BRIEFING, DISCUSSION AND POSSIBLE ACTION CONCERNING:

Future Plan Review for DISD Projects. Following some discussion of the plan review options for the DISD Projects,

Councilman King made a motion to allow staff the discretion to send future DISD Projects to International Code Council for plan review. Mayor Pro Tem Dunbaugh made the second.

VOTE: 4 AYES (Dunbaugh, Neves, Decker and King) 1 NAY (Townsend) MOTION PASSED.


NEW BUSINESS

ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Presentation

of FY 2007 Audited Comprehensive Annual Financial Report by McCall, Gibson & Company, PLLC, Certified Public Accountants Report and City Council’s Acceptance of Audited FY 2007 CAFR (Comprehensive Annual Financial Report).

Noel Barfoot of McCall, Gibson and Company gave a brief presentation of

the FY 2007 Audited Comprehensive Financial Report. After a brief discussion with City Council, Councilman Townsend made a motion to accept the audit. Councilman King seconded the motion.

VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Minor Final

Replat Approval of Lots 27, 28 and 29, Block 1 of Tropical Gardens requested by James Alber.

Community Development Coordinator Angela Forbes explained the

proposed minor replat to City Council and stated that the Planning and Zoning Commission had reviewed the request and recommended approval of the re-plat. Councilman Neves made a motion to approve the recommendation of the Planning and Zoning Commission. Councilman King seconded the motion.

VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 11.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Presentation

of Annual Traffic Contact Report for Dickinson Public Safety/Fire Marshal’s Office as it relates to Senate Bill 1074 (Racial Profiling) for calendar year 2007 as required by Article 2.134 of the Texas Code of Criminal Procedure.

Fire Marshal Norman Hicks gave a brief report to City Council regarding the

Annual Traffic Contact Report for the Dickinson Public Safety/Fire Marshal’s Office. Following some discussion, Council took no action in this matter.

ITEM 12.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Resolution

Number 969-2008 – A RESOLUTION OF THE CITY OF DICKINSON, TEXAS, PROVIDING FOR THE HOLDING OF A GENERAL ELECTION ON


MAY 10, 2008 FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS FOR POSITIONS 1, 3 & 5; AND ONE (1) MAYOR; AND PROVIDING DETAILS RELATING TO THE HOLDING OF SUCH ELECTION; PROVIDING FOR THE INCORPORATION OF PREAMBLE AND AN EFFECTIVE DATE.

Councilman King made a motion to approve Resolution Number 969-2008.

Councilman Decker seconded the motion. VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 13.) ADJOURN

Councilman Townsend made a motion to adjourn the meeting at 8:25 p.m. Councilman King seconded the motion. VOTE: 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED.

Approved and adopted this the 11th day of March, 2008. ____________________________ Julie Masters, Mayor ATTEST: _________________________ Carol L. McLemore City Secretary


ITEM 5 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PUBLIC HEARING

Notes:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Dickinson City CouncilAgenda Item Data Sheet

ACTIONS TAKEN APPROVAL YES NO

READINGS PASSED 1st 2nd 3rd

OTHER

PAGE 1 OF 1

MEETING DATE March 11, 2008

TOPIC Approval of Ordinance No. XXX-2008. AN ORDINANCE OF THE CITY

OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT (SUP) SO AS TO ALLOW THE ADDITIONAL USE OF THE SALE OF MIXED BEVERAGES ON ±1.569 ACRES OUT OF THE PERRY & AUSTIN SURVEY UPPER LEAGUE, ABSTRACT NO. 19, MORE COMMONLY KNOWN AS 660 FM 517 WEST (LOS RAMIREZ MEXICAN RESTAURANT), AND GENERALLY LOCATED ON THE SOUTH SIDE OF FM 517 WEST, BETWEEN EVERGREEN DRIVE AND HANSEN DRIVE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of three readings).

BACKROUND This parcel is zoned Neighborhood Commercial (“NC”) with a Specific

Use Permit (SUP) to allow the sale of alcohol (beer & wine). However, Corsair Investments Inc. has requested an additional Specific Use Permit (SUP) for the sale of mixed beverages for the Los Ramirez Mexican Restaurant located at 660 FM 517 West.

RECOMMENDATION The Planning and Zoning Commission recommends approval of

the requested Specific Use Permit. ATTACHMENTS • Ordinance No. XXX-2008

• Public Hearing Notice • Picture of 660 FM 517 West

FUNDING ISSUES None

Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Angela Forbes, Community Development Coordinator

CITY ADMINISTRATOR APPROVAL

ORDINANCE NUMBER XXX-2008

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT (SUP) SO AS TO ALLOW THE ADDITIONAL USE OF THE SALE OF MIXED BEVERAGES ON ±1.569 ACRES OUT OF THE PERRY & AUSTIN SURVEY UPPER LEAGUE, ABSTRACT NO. 19, MORE COMMONLY KNOWN AS 660 FM 517 WEST (LOS RAMIREZ MEXICAN RESTAURANT), AND GENERALLY LOCATED ON THE SOUTH SIDE OF FM 517 WEST, BETWEEN EVERGREEN DRIVE AND HANSEN DRIVE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, Corsair Investments Inc. (the “Owner”) is the owner of ±1.569 acres out of the Perry & Austin Survey Upper League, Abstract No. 19, more commonly known as 660 FM 517 West (Los Ramirez Mexican Restaurant) generally located on the south side of Fm 517 West, between Evergreen Drive and Hansen Drive (the “Property”), in the City of Dickinson, Galveston County, Texas (the “City”); and WHEREAS, the Property presently has a zoning classification of Neighborhood Commercial (NC) with a Specific Use Permit (SUP) to allow the sale of alcohol (beer & wine) under Ordinance No. 420-2001, the City's Comprehensive Zoning Ordinance; and WHEREAS, the Owner has made application to the City for an additional Specific Use Permit (SUP) for said Property to allow the sale of mixed beverages as authorized by the City’s Zoning Ordinance; and WHEREAS, the City Secretary of Dickinson, Texas, directed that notices of a hearing be issued, as required by the Zoning Ordinance of the City of Dickinson and laws of the State of Texas, at a meeting of the City Council, to be held on the 11th day of March, 2008, for the purpose of considering an additional Specific Use Permit (SUP) to allow the sale of mixed beverages; and WHEREAS, the City Secretary of the said City accordingly caused to be issued and published the notices required by its Zoning Ordinance and laws of the State of Texas applicable thereto, the same having been published in a paper of general circulation in the City of Dickinson, Texas, at least fifteen (15) days prior to the time set for such hearing; and

______________________________________________________________________________ CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2008 Page 1 of 3

WHEREAS, the City Council of said City, pursuant to such notice, held its public hearing and heard all persons wishing to be heard both for and against the aforesaid change in the Zoning Ordinance, on the 11th the day of March, 2008; and WHEREAS, the City Council is of the opinion and finds that such rezoning would not be detrimental to the public health, safety, or general welfare, and will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Dickinson, and as well, the owners and occupants thereof, and the City generally.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The Comprehensive Zoning Ordinance Number 420-2001, as the same has been heretofore amended, is hereby further amended so as to grant a Specific Use Permit (SUP) allowing the additional use of sale of mixed beverages on ±1.523 acres out of the Perry & Austin Upper League Survey, Abstract No. 19, more commonly known as 660 FM 517 West, generally located on the south side of FM 517 West, between Evergreen Drive and Hansen Drive, in the City of Dickinson, Galveston County, Texas, presently zoned Neighborhood Commercial (NC) with a Specific Use Permit (SUP) for the sale of alcohol (beer & wine), said Property being described in the legal description on Exhibit “A” attached hereto and incorporated herein by reference. Section 3. It is directed that the official zoning map of the City of Dickinson, adopted on the 24th day of June, 2001, by Ordinance No. 420-2001, shall be revised and amended to reflect the zoning classification established by this Ordinance, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of the change. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. The repeal of any ordinance or part of ordinances affectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.


Section 6. Any person who shall intentionally, knowingly, recklessly or with criminal negligence violate any provision contained in this Ordinance, or who shall commit or perform any act declared herein to be unlawful, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00). Each day a violation continues shall constitute a separate offense.

Section 7. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

PASSED AND APPROVED on first reading this ____ day of March, 2008. PASSED AND APPROVED on second reading this ____ day of March, 2008. PASSED, APPROVED, AND ADOPTED on third and final reading this ____ day of ___________________, 2008.

________________________________ Julie Masters, Mayor City of Dickinson, Texas

ATTEST: ___________________________________ Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ Loren B. Smith, City Attorney City of Dickinson, Texas


EXHIBIT “A”

TO

ORDINANCE XXX-2008

PUBLIC NOTICE CITY OF DICKINSON, TEXAS NOTICE OF PUBLIC HEARING The City Council of the City of Dickinson will be holding a Public Hearing on March 11, 2008 at 7:00 pm in the Council Chambers in the City of Dickinson, 1621 Fm 517 East., Dickinson, Texas to hear comments regarding Corsair Investments application for Specific Use Permit to allow the sale of mixed beverages at a Mexican Restaurant named “Los Ramirez” The property is zoned as Neighborhood Commercial and located at 660 FM 517 West. Information about this subject can be obtained from Angela Forbes at 281-337-6276. Angela Forbes Development Coordinator

660 FM 517 West

Dickinson City CouncilAgenda Item Data Sheet

ACTIONS TAKEN APPROVAL YES NO

READINGS PASSED 1st 2nd 3rd

OTHER

PAGE 1 OF 1

MEETING DATE 03-11-2008

TOPIC RESOLUTION NUMBER XXX-2008 A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DICKINSON AND GALVESTON COUNTY EMERGENCY COMMUNICATION DISTRICT AUTHORIZING THE INSTALLATION OF EQUIPMENT RELATED TO A WIRELESS NETWORK TO SERVE AS A BACKUP FOR THE EXISTING 9-1-1 NETWORK; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND The Galveston County Emergency Communications District

(GCECD) will be installing a wireless network very similar to microwave to act as a back up to the Comcast network being used for 9-1-1 voice and data. Equipment will have to be installed at each Public Safety Answering Point (PSAP) that will include a dish or antenna that will be mounted on the radio tower. Additionally, a small radio unit will be installed in the computer equipment room where the 9-1-1 equipment is located. Attached is a copy of the interlocal that we will need to have in place with GCECD along with a diagram of the project.

RECOMMENDATION The staff recommends approval.

ATTACHMENTS Resolution Number XXX-2008

Interlocal Cooperation Agreement between Galveston County Emergency Communications District and the City of Dickinson

FUNDING ISSUES None

Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Chief Ron Morales

CITY ADMINISTRATOR APPROVAL

RESOLUTION NUMBER XXX-2008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DICKINSON AND GALVESTON COUNTY EMERGENCY COMMUNICATION DISTRICT AUTHORIZING THE INSTALLATION OF EQUIPMENT RELATED TO A WIRELESS NETWORK TO SERVE AS A BACKUP FOR THE EXISTING 9-1-1 NETWORK; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

* * * * *

WHEREAS, the City of Dickinson (the “City”) and Galveston County Emergency Communication District (“GCECD”) desire to help insure the safety and welfare of its citizens by providing effective and reliability emergency communications; and WHEREAS, the City and the County desire to enter into the Agreement attached hereto as Exhibit “A” under the authority and subject to the provisions of Chapter 791 of the Texas Government Code to authorize the installation of equipment related to a wireless network to serve as a backup for the existing 9-1-1 emergency communication network; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS: Section 1. The facts and statements contained in the preamble are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes.

Section 2. The City Council, after review of the terms and conditions of the attached Agreement, hereby approves the terms of the Interlocal Cooperation Agreement between the City of Dickinson and GCECD. Section 3. The City Council also authorizes the Mayor to execute, and the City Secretary to attest, on behalf of the City of Dickinson, the Interlocal Cooperation Agreement and all other documents in connection therewith. Section 4. This Resolution shall become effective immediately upon its passage.

City of Dickinson Texas – Resolution Number XXX-2008 Page 1 of 2

PASSED AND APPROVED AND ADOPTED on this the _______ day of _____________, 2008. _______________________________ Julie Masters, Mayor City of Dickinson, Texas ATTEST: ___________________________________ Carol McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM: ___________________________________ Loren B. Smith City Attorney

City of Dickinson Texas – Resolution Number XXX-2008 Page 2 of 2

EXHIBIT “A”

TO

RESOLUTION XXX-2008

State of Texas County of Galveston

Interlocal Cooperation Agreement This AGREEMENT is entered into this _____ day of __________ , 2008, between the Galveston County Emergency Communication District (GCECD) and the City of Dickinson, Texas. WHEREAS, Galveston County Emergency Communications District provides 9-1-1 service and equipment to several public safety answering points (PSAP’s) in Galveston County, including the LaMarque Police Department, Texas City Police Department, Dickinson Police Department, Santa Fe Police Department, Hitchcock Police Department, Kemah Police Department, Galveston Police Department and the Galveston County Sheriff Department. WHEREAS, GCECD in an effort to provide a redundant 9-1-1 network to facilitate a robust and stable network to deliver 9-1-1 calls and related public safety data to the appropriate agency, GCECD will put in place a wireless network as a back up to the existing fiber network in place. WHEREAS, GCECD will bear all costs of the purchase and installation of the equipment to facilitate this wireless 9-1-1 network back up. WHEREAS, equipment will need to be installed at each PSAP for this wireless network. NOW THEREFORE, the parties agree to the following:

Article I Purpose of Agreement

The purpose of this agreement is to allow the Galveston County Emergency Communication District to install equipment At the PSAP. This equipment will serve to provide a backup network for the existing 9-1-1 network.

Article II Term of Agreement

This agreement shall commence on the date specified above and continue in effect for a term of one (1) year from the date specified. The Agreement will automatically renew annually unless either party terminates the agreement.

Article III Obligations of GCECD

1. GCECD shall purchase and install the equipment. 2. GCECD will maintain the equipment.

Interlocal Cooperation Agreement 1 of 4

Article IV Obligations of the City of Dickinson

1. The City of Dickinson agrees to provide the locations to mount the equipment. 2. The City of Dickinson agrees to provide access to electrical and back up generator power at the

site.

3. The City of Dickinson agrees to provide access to the equipment for maintenance purposes.

Article V Mutual Indemnification

GCECD and the City of Dickinson to the extent permitted by law, agrees to defend, indemnify and hold each other harmless for all claims for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement.

Article VI No Waiver of Immunity

It is expressly understood and agreed that under this Agreement neither party waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions.

Article VII Severability

In case any one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such fact shall not affect any other provision thereof and this Agreement shall be construed as if the stricken provision had never been contained herein.

Article VIII Modification

This Agreement may be amended or modified by the mutual agreement of both parties hereto in writing; such writing will be attached hereto and incorporated unto this Agreement.

Article IX Entire Agreement

This Agreement contains all commitments and obligations of the parties and represents the entire agreement of said parties. No verbal or written conditions not contained herein shall have any force or effect to alter any term of this agreement.

Article X Termination

This Agreement will remain in effect until either GCECD or the City of Dickinson notify the other in writing within 90 days of the termination date. In the event of termination, all equipment installed by


GCECD on property owned by the City of Dickinson shall be removed by the GCECD at its expense within thirty (30) days of the termination. If GCECD fails to remove said equipment within thirty (30) days of the termination of this agreement, such equipment shall become the property of the City of Dickinson.

Article XI Execution

This Agreement shall be executed by the duly authorized officials of GCECD and the City of Dickinson

Paragraph Headings The captions, numbering sequences, titles, paragraph headings, punctuation and organization used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part of it.

Understanding, Fair Construction

By execution of this Agreement, the parties acknowledge that they have read and understand each provision, term and obligation contained in this Agreement. This Agreement although drawn by one party, shall be construed fairly and reasonably and not more strictly against the drafting party than the non-drafting party.

Article XII Interlocal Agreement Provisions

GCECD and the City of Dickinson are authorized by law to perform the functions or services to be performed under this Agreement.

Article XIII Attachments

- Diagram of GCECD wireless network. - List of equipment to be located at each PSAP. - Copy of insurance binder from vendor installing equipment.

Article XIV

Notices

Any notices due under the provisions of this Agreement shall be made in writing and shall be addressed to the following:

GCECD Bobby Wright Executive Director Galveston County Emergency Communication District 1353 FM 646, West, Suite 101 Dickinson, Texas 77539


City of Dickinson 2716 FM 517 East Dickinson, Texas 77539 Attn: City Administrator

IN WITNESS WHEREOF, the parties to these presents have executed this Agreement on the date

first above written. GCECD: BY: ___________________________________

Board Chair City of Dickinson BY:____________________________________ Julie Masters, Mayor Attest: ________________________________________ Carol McLemore, City Secretary


City of Dickinson Attachment #2

Equipment List

DICKINSON TO 646 SITE PTP49400 INTEGRATED ANTENNA LITE VERSION CAT 5 SURGE SUPPRESSOR GROUNDING KIT

Peddlers & Itinerant Dealer’s Ordinance Option 1

Findings:

1. Galveston County Health District does not regulate Solicitors/Itinerant Dealers.

2. Galveston County Health District regulates mobile food vendors with the Texas Food Establishment Rules

The following proposed ordinance is different from original. The intent was to make the ordinance stricter and well defined. The changes and additions are as follows:

1. Added the following definition a. charitable purpose b. home solicitation c. interstate commerce d. solicitation.

2. Changed the definition of peddler. 3. Deleted transient dealer definition(s). 4. Sec. 8-87 changed the word “causes” to “purpose” 5. Added entire section 8-27 ½. Prohibitions. 6. Deleted “need not obtain a license” from sec. 8-28(a) 7. Deleted entire Sec. 8-29: it was deleted because the definition of peddler

changed to encumber itinerant dealers. 8. Added sections 8-51 thru 8-56.


8-26. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Charitable purpose shall mean philanthropic, religious, or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons, the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization, the benefit of any fraternal, social or civic organization; or the benefit of any educational institution. Charitable purpose shall not be construed to include the direct benefit of the individual making the solicitation. Charitable purpose shall not be construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law. Home solicitation shall mean a consumer transaction for the purchase of goods, services, or realty, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence and the consumer's agreement or offer to purchase is given at the residence to the merchant. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or a sale of realty in which transaction the purchase is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. Interstate commerce shall mean soliciting, selling, or taking orders for, or offering to take orders for any goods, wares, merchandise, photographs, magazines or subscriptions to magazines, or things which, at the time the order is taken, are in any federal district or territory, any commonwealth, or in any state other than Texas, or will be produced in any federal district or territory, any commonwealth or any state other than Texas, and shipped or introduced into the city in fulfillment of such orders. Peddler means one who goes from place to place and from door to door soliciting, selling, taking orders, offering for sale any merchandise, services, photographs, magazines, subscriptions or any other goods or seeking and requesting donations or contributions. shall mean all persons, including their agents and employees, who engage in the temporary or transient business in the city of selling, offering for sale, soliciting for sale, leasing, renting, bartering or exchanging, directly or indirectly, any goods, merchandise, or services, or exhibiting the same for such a purpose, or for the purpose of taking orders for such a transaction. The term "peddler" shall include the terms "solicitor," "transient merchant," "transient vendor," "itinerant merchant," "itinerant vendor," “itinerant dealer,” or "itinerant photographer." Transient or itinerant dealer means a person from an organization, including their agents and employees, who engage in the temporary business of selling or offering for


sale any goods or merchandise or exhibiting the same for sale who for the purpose of carrying on such business, or conducting such exhibits thereof either:

(1) Uses a truck, trailer, van or motor vehicle parked on streets or vacant lots of the city or uses a vacant lot of the city, or

(2) Hires, rents or leases any building, room, space, structure, or ground from which

goods or merchandise may be sold, exhibited or offered for sale without such rental or lease being for a period of at least one (1) month.

(Ord. No. 57-82, § I, 8-31-82) Solicitation shall mean any uninvited request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications. Expressly excluded from the meaning of "solicitation" is any offer solely for membership in any organization. A solicitation is complete when the solicitation is communicated to any individual then located within the corporate limits of the city. Sec. 8-27. Exemptions Except where specifically included, the provisions of this article shall not apply to any person connected with religious or civic groups who solicits donations or sells goods for a charitable purpose causes; or any person who sells, solicits or furnishes services to persons on a permanent route on a daily or weekly basis; and any person who maintains a regular place of business but makes deliveries within the city. Such groups shall advise the chief of police of their solicitations or sales programs, including the organization, dates of solicitation, types of solicitations, and places of solicitations. Sec. 8-28. Prohibitions. (a) Permanent structure required. It shall be unlawful for any peddler to sell, lease, rent, barter, or exchange any goods, wares, merchandise or services on a commercial, retail basis or to offer to do so except out of a permanent structure complying with all construction codes, ordinances, and regulations of the city applicable thereto, including but not limited to, parking requirements and providing sanitary facilities for both men and women therein. (b) Outdoor displays. It shall be unlawful for any peddler to set up outdoor display facilities for merchandise of any nature upon any property within the city unless the same owner, operator, or concessionaire is also the owner, lessee, or tenant of a permanent structure located on the same property and in full compliance with all construction codes, ordinances, and regulations of the city applicable thereto.


(c) Vacant property. It shall be unlawful for any peddler to conduct business upon or from improved or unimproved vacant property within the city. (d) Business from vehicle. It shall be unlawful for any peddler to park any vehicle in the city for the purpose of using the same as a stationary business stand or location. (e) Public property. It shall be unlawful for any peddler to conduct business on any public sidewalk, street, or other public property.

Sec. 8-29. Peddler’s license. (a) Required. A license shall be required under this article of any peddler or solicitor who operates within the city. A person engaged in interstate commerce shall also register with the city secretary but need not obtain a license. (b) Application. The application for a license shall contain the following:

(1) The name of applicant. (2) Age, height, weight, and sex of applicant. (3) Social security number and driver's license number of applicant. (4) The company for whom the peddler solicitor is working and the address. (5) The nature of the articles being sold or for which orders are being taken. (6) Whether applicant, upon order or sale, shall demand, receive or accept payment or deposit of money in advance of delivery. If advance payment is to be made, a bond as provided in section 8-31 shall be posted. (7) Location where activities will be conducted, pPeriod of the day which registrant wishes to solicit or sell in the city, and the dates of such solicitation. (8) At the time of registration, the peddler solicitor shall submit three (3) photographs of applicant, taken not more than three (3) months before the submission of the application. (9) AnThe applicant shall be found to be of good moral character by the chief of police as provided in section 8-30, and the provisions of such section shall apply to such determination. (10) AnThe applicant who is going to sell food stuff shall have obtained a permit from the county health district and shall comply with the requirements of the health


district. The applicant shall provide a copy of the permit received from the health district with its application.

(c) Time of solicitation. A peddler’s license shall limit the time of solicitations from 9:00 a.m. to 6:00 p.m. daily. Any peddling in other hours shall constitute a violation of this article and shall be a cause for revocation of such license. (d) Peddler’s license fee. The fee for a peddler’s or solicitor's license shall be thirty dollars ($30.00) and such license shall be good for the period stated thereon not to exceed thirty (30) days.

(f) Issuance of license. The city secretary, or his or her designated representative, shall issue a peddler’s or solicitor's license upon compliance with all the requirements of this article and payment of the appropriate license fee the fee paid. State law references: Public health districts, V.T.C.A. Health and Safety Code, § 121.041 et seq. Sec. 8-29. Transient or itinerant dealer's license. (a) Required. A license shall be required under this article of any transient or itinerant dealer who operates within the city. A person engaged in interstate commerce shall register with the city secretary but need not obtain a license. (b) Application. The application for a license shall contain the following:

(1) The name of applicant. (2) Age, height, weight, and sex of applicant. (3) Social security number and driver's license number of applicant. (4) The company for whom the dealer is working and the address. (5) The nature of the articles being sold or for which orders are being taken. (6) Whether applicant upon order or sale shall demand, receive or accept

payment or deposit of money in advance of delivery. If advance payment is to be made a bond as provided in section 8-31 shall be posted.

(7) At the time of registration the solicitor shall submit three (3) photographs of

applicant, taken not more than three (3) months before the submission of the application.

(8) The applicant shall be found to be of good moral character by the chief of police as provided herein in section 8-30, and the provisions of such section shall apply to such determination.


(9) The applicant shall obtain written permission from the owner of the property allowing the itinerant dealer to use such property.

(10) The applicant who is going to sell food stuff shall have obtained a permit from the county health district and shall comply with the requirements of the health district.

(c) Not to use streets or rights-of-way. No transient or itinerant dealer shall use public streets or rights-of-way for the display of his wares or merchandise. Using the streets or rights-of-way constitutes a violation of this article and shall be a cause for revocation of such license. (d) Transient dealer's license fee and location. The license fee for a transient and itinerant dealer shall be sixty dollars ($60.00) for a six-month period. The license shall be for one (1) location. The dealer may, upon compliance with all other sections of this article, have the location of the license changed without an additional fee. Any dealer moving or selling from a location other than that for which the license has been issued or unauthorized change shall constitute a violation of this article. (e) Issuance of license. The city secretary, or her designated representative, shall issue a transient or itinerant dealer's license upon compliance with all the requirements of this article and the fee paid. State law references: Public health districts, V.T.C.A. Health and Safety Code, § 121.041 et seq. Sec. 8-30. Applicant's character. (a) No license shall be issued under this article until the chief of police has found that the applicant is of good moral character. Any applicant not found to be of good moral character by the chief of police, or prior to a determination of such question by the chief of police, shall have the right to and shall be entitled to a hearing upon such matter by giving written demand therefor to the chief of police within ten (10) days of the determination. Such applicant shall further have the right of appeal to the City Council chief of police as a court of review and the substantial evidence rule shall apply. (b) Any person convicted of an offense relating to itinerant vendors or peddlers within ten (10) years of the date such person applied for a license shall be presumed to be of poor moral character for the purposes of this article. Sec. 8-31. Applicant's bond. Prior to the issuance of a license under this article, if the applicant is to receive prepayment or deposits before delivery of goods, the applicant shall file with the city secretary a bond in the sum of not less than two thousand dollars ($2,000.00) to be executed by the applicant as principal, with a corporate surety authorized to do business in the state and satisfactory to the city secretary. Such bond shall be payable to the mayor


and his successors in office for the use and benefit of any person entitled thereto, and conditioned that the principal and surety will pay all damages to persons caused by or arising from or growing out of the wrongful, fraudulent or illegal conduct of the principal while engaged in business in the city. The bond shall remain in full force and effect for the entire duration of the license and two (2) years thereafter and shall be for the use and benefit of all persons that may make any purchase or give any order to the principal or to any agent or employee of the principal. Sec. 8-32. Consent of owner. It is unlawful for any peddler or solicitor, including charitable or civic solicitors, to solicit from persons entering or leaving a public place, on private property, without consent of the owner or manager of such private property. Sec. 8-33. Advertising restricted. It shall be unlawful for a peddler authorized to conduct business in accordance with this chapter to advertise in any manner whatsoever that such person is so authorized for the purpose of soliciting. Sec. 8-34. Display of permit/registration card. Every peddler obtaining a permit or registration card under the provisions of this chapter and doing business within the city shall display said permit or registration card upon the request of any person, and failure to so display such permit or registration card shall be a violation of this section. Sec. 8-35. Entrance to premises restricted. It shall be unlawful for any peddler to enter upon any private premises when the same are posted with a sign stating "No Peddlers Allowed," "No Solicitations Allowed," or other words to such effect. Sec. 8-36. Not transferable. A permit or registration card issued under this chapter shall not be transferable nor give authority to more than one person to conduct business as a peddler. Peddlers enlisting the assistance of one or more persons in conducting such business shall identify said assistant(s) in the application or registration statement in the same manner as the applicant or registrant. Assistants shall be issued a nontransferable identification badge or sticker. All permits, registration cards, identification badges, and stickers shall be attached to the peddler’s/assistants's outer clothing and easily recognizable during peddling activities.


Sec. 8-37. Refusing to leave. Any peddler who enters upon premises owned, leased, or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises, or his or her agent, to leave the same and not return to such premises, shall be deemed guilty of a misdemeanor. Sec. 8-38. Supervision of child solicitors. It shall be unlawful for any person to use children thirteen (13) years of age or less for any type of solicitation purposes unless said children are actively supervised by an adult individual at least eighteen (18) years of age, who is permitted or registered or is the agent of the permittee or registrant, depending upon the type of solicitation. In all cases, the supervising adult shall be within one hundred (100) yards of the child solicitor. Sec. 8-39. Appeals. An applicant for a permit under this Article shall have the right to appeal the decision of the city secretary or police chief or his or her designee to the City Council within ten (10) days, which appeal shall be perfected by delivering, in writing, seven (7) copies of the same to the City Council, stating that an appeal from the decision of the city secretary, chief of police, or his or her designee is desired and the facts regarding same. The City Council will schedule a hearing as soon as practicable after receiving such notice of appeal, grant a hearing thereof, and, after the hearing of the appeal, shall within a period of five (5) days sustain or reverse the decision of the city secretary, chief of police or his or her designee. If no appeal is taken from the findings made by the city secretary, chief of police or his or her designee within the time provided above, the decision of the city secretary, chief of police or his or her designee shall be final. Otherwise, the decision of the City Council shall become final. Secs. 8-40 – 8-50. Reserved.

TAB 10

ADJOURN TIME:_______________________________ MOTION:____________________________ SECOND:____________________________ VOTE_______________________________

city council meeting - groupbuilder · 3/11/2008 · regular council meeting o city hall/library...

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